[HISTORY: Adopted by the Governing Body of
the Town/Village of East Rochester 9-12-1983 by L.L. No. 3-1983 (Ch.
54 of the 1983 Code). Amendments noted where applicable.]
It is the purpose of this chapter to protect
the public interest, welfare, health and safety within the Town/Village
of East Rochester by prohibiting the consumption of alcoholic beverages
in public places within the Town/Village. The Town/Village Board of
Trustees finds that possession of an open container of alcoholic beverage
in a public place within the Town/Village has led to consumption of
the same, resulting in public intoxication, disorderly conduct, disturbance
of the public peace, littering of the public places and destruction
of property. The Town/Village Board finds further that preservation
of the public weal and prevention of conditions which lead to conduct
disturbing the public peace attributable to consumption of alcoholic
beverages can be accomplished by the prohibition of consumption of
alcoholic beverages in public places and by restricting the possession
of an open or unsealed container of alcoholic beverages under circumstances
which indicate that the possessor of such open or unsealed container
in a public place intends to consume the same or intends to have it
consumed by another person.
The following terms used in this chapter shall
have the following meanings, unless the context requires or indicates
a different meaning:
Includes alcohol, spirits, liquor, wine, beer, cider and
every liquid or solid, patented or not, containing alcohol, spirits,
wine or beer and capable of being consumed by a human being.
Any bottle, can, glass or other receptacle suitable for or
used to hold any liquid.
Any highway, street, sidewalk, park or playground, public
parking area or Town/Village building in the Town/Village.
The Town/Village of East Rochester.
It shall be a violation of this chapter for
any person to:
A.
Consume any alcoholic beverage in any public place
within the Town/Village.
B.
Have in his possession an open or unsealed container
of an alcoholic beverage while in any public place for the purpose
of consuming such alcoholic beverage by himself or by another in any
public place.
C.
Appear in a public place under the influence of alcohol,
narcotics or other drugs to the degree that he may endanger himself
or other persons or property or annoy persons in his vicinity.
The foregoing prohibition shall not apply to
consumption of an alcoholic beverage or possession for the purpose
of consumption in any public place where the same is authorized by
license or permit under the laws and regulations of this state and
under the regulations of the Town/Village; nor shall such prohibition
apply to the possession of an open or unsealed container of an alcoholic
beverage solely for the purpose of transporting the same without an
intent or indication to consume the same in any public place.
This chapter shall not apply to any person in
violation of § 1227 of the Vehicle and Traffic Law.
Nothing contained in this chapter shall be construed to in any way limit, alter or modify the provisions of § 135-3 of the Code of the Town/Village of East Rochester.
Each violation of this chapter shall be punishable
by a fine not exceeding $250 for each offense or by imprisonment not
exceeding 15 days, or by both such fine and imprisonment.
